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THE 



MILITIA LAW 



OF THK 



STATE OF RHODE ISLAND, ^.>->^ 



PASSED AT THE 



SPECLVL SESSION OF THE GENERAL ASSEMBLY, 



HELD AT PROVIDENCE, 



A.TJaUST, 1862 



WITH THE LAWS RELATING TO VOLLTJTEERS, BOUNTIES; 

EXEMPTIONS, PROVISION FOR FAMILIES OF 

SOLDIERS, ETC., ETC. 



I'HINTED BY OKDER OF THE GENERAL A.S.SEJIBLV. 



PROVIDENCE: 

ALFRED ASTnONT, PRINTER TO THE STATE. 

1862. 



t''s> 



61503 

Ji^^ The Gentntl Assembly convened at Providence, on Monday, llie tweuty- 
fiftli day of August, 1862, in pursumioe of tlic following Froclamation b}-' the 
Governor, and adjourned on Saturday, the eighth day of September following, 
to meet again in Providence, according to law, on the second Monday in Janimry, 
A. D. 1803. 

PKOCLAMATION, 

By His ExcELLE^rcY, WILLIAM SPHAGUE, Governor of the State of 
Rhode Island and Providence Plantations. 

Whereas, tlic \av;:(- bounties given by the several cities and towns in this State for volunteers, 
for the purpose of obviating :i draft, is produ<nng dissatisfaction amouK the troops of the State, 
now in the field; And w;iereas, this system of overbidding by ench town in its haste to 
l-elieve itself frnm a draft, is a most pernicious one, and creating a large di-bt which is un- 
equally divided among the ppople of the Sfate, when the cause for which it is incurrt d is that of 
iiU its citizens, for the preservation of their common country ; AsD whereas, an undue baste 
has also been manifested by some of our people to render themselves exempt under the law, 
from doing militnry duty. 

Under these circumstances, and to take such measures aa may be thought most proper in the 
emergnncv, to comply with the call of the President to furnish our quota of troops, I have 
dei-nicd it my duty to convene the General Assembly at a time noc provided by law . 

Now, THEREFORE. I, WILLIAM SPKAfiUE. Governor of the State of Khode Island and Prov- 
idence Plantations, in virtue of the powers in uiv vesti-d by the Constitution of iaid State, do 
issue this my proclamation, convening the General Assembly of this State, to meet at the State 
Ilouse, in Providence, on 

MOXDAV* the 'iSflR day of Aii^iiaf, ai 11 o'clock, A. M, 

And do hereby call upon tlie members of both Houses thereof, to assemble themselves in 
their re''i)ective Houses, at the time and place aforesaid. 

Tn TEaTisioxY WHEKKOF, J have hercuuto set uiy hand and affixed the Seal of the State, at 
Providence, this twentieth day of August, A. D., 1802. 

WILLIAM SPRAGUE. 
By His Eicellency the Governor, 

John R. Bartlbtt. Secretary of State. 



IV 



MILITIA. ACT. 



AX ACT TO EEPEAL TITLE XXXIV OF THE REVISED STAT- 
UTES, AND TO PROVIDE FOR THE BETTER ORGAXIZATION 
OF THE MILITIA OF THE STATE. 

CHAPTER 419. 

OF THE ENROLLMENT OF THE MILITIA. 

// is enacted h)j the General Assembly as follows : 

. Section 1. It shall he. the duty of the town councils T»'»n cmin- 
of the several towns, and the boards of aldermen of the ■•"" miutm. 
several cities, to cause to be made out in tiie month of 
April, and on or before the third Monday thereof in each 
year, a roll of the names of all j^ersons livinji; within 
the respective limits of such towns or cities, between 
the ages of eighteen and forty-five years, who are liable 
to be enrolled by tlie laws of the United States, and 
who are not exempted from the performance of military 
duty by the provisions of this title ; which list shall be 
arranged alphabetically, and shall be delivered into the 
hands of the clerks of the several towns and cities, who 
shall seasonably, and before the third Monday of May 
following, record such roll in a book special]}' to be kept 
for that purpose. 



shau'be""" t^E*'- -• It isliall l)e the duty of the clerks of the sev- 
postedup. gj-fj^i towns and cities, after recording the names of the 
jjersons so enrolled, to forthwith expose copies of such 
rolls to view, hy causing the same to he j^osted up in 
their respective offices ; in three or more public places 
in their respective towns ; in each ward of their respec- 
tive cities and voting districts, and which roll shall be 
open to the examination of any person at all reasona- 
ble hours. 
Time of be- Sec. 3. Said rolls shall be exposed to view for at 
up" least three consecutive weeks, and shall be deemed to 

be legal notice to all persons named therein, of the fact 
of their eiu-oUnient, and liability to perform military 
duty in accordance with the provisions of this title. 
Of wh»t the Sj.(, 4 ^]\ persons so enrolled, including the offi- 

Uiilitia shall 1 ^ ^ ^ 

consist cers, non-counnissioned officers, privates and musicians, 
of all chartered military companies of tlie State ; the ' 
officers commissioned under this title ; the members of 
military bands chartered and attached to any company, 
regiment or brigade, and such drivers of artillery as 
may be enlisted into any artillery company, shall con- 
stitute and compose the active militia of the State. 

Returns. Sec. r5. Thc aunual returns of the militia shall be 

transmitted in the month of June, in each year, by the 
clerks of the several towns and cities, to the adjutant of 
the brigade, within which such town or city is situated ; 
who shall, after the returns of the several companies 
have been made to him, as hereinafter provided, com- 
pare such returns with the rolls of the several compa- 
nies, and report to the adjutant general of the State 
the names of all persons which appear on the list of en- 
rolled militia, and do not appear to be attached to any 
comiiany. 

Persons ei- Sec. 6. Tltc followlug pcrsous shall be absolutely ex- 

miiitiiry cmptcd froui nriUtary duty in this State : 

Those exempted by the laws of the United States, to 
wit: the vice-president of the United States; the offi- 
cers, judicial and executive of the government of the 
United States; the members of both houses of Con- 
gress and their respective officers; all custom house 
officers with theii- clerks ; all post officers and stage dri- 
vers, who are employed in the care and conveyance of 
the mail of the post office of the United States ; all 
ferry men employed at any ferry on the post road ; all 



inspectors of exports; all pilots, an<l nil mariners actu- 
ally employed in the sea service of any citizen or mer- 
chant within the United States: Also; all ]icrsons who 
have liolden the office of governor or lieutenant gov- 
ernor. 

Sec 7. Every keeper of a, public inn, tavern oi- ^,'^'y "f -^'^^ 
board niij house, and everA' master or mistress of a fjim- "^'f"™" 

.. TiTi I'n T- 1 names of 

uy or dwelhuo'-house, shall, upon application of the per- p'"™"" 

iS 1 -11 1 ^ 1 T liable to mil. 

son a]i]ioiuted In- the town council or board of aldermen '"^'t du'y- 
to make the enrollment directed in this chapter, give 
information of the names of all persons residing in such 
inn, tavern or house, liable to enrollment, or to do mili- 
tary duty. 

Six. 8. If any non-commissioned officer, or private, ^ho to i». 
shall be adjudged to be a pauper, vagabond or common 
drunkard, or be convicted of any infamous crime, he 
shall be forthwith disenrolled from the militia. 



CHAPTER 420. 

OF CHARTERED COMPANIES. 



Section 1. The several militai-y companies which chartered 

•^ -*■„ companies 

have before the first day of January. 18G2. been or-m™'"-'-^ «« 

• n -\ ^ ^ r^ admitted 

ganized under charters special!}' granted by the Crene- *■>">• 
ral Assembly, or b}^ authority of law. may admit mem- 
bers to a number not exceeding the minimum number of 
men of which a regunent is composed in the same arm 
of the service in the army of the United States, — any 
thing in the respective charters of such companies to 
the contrar}^ notwithstanding, — and whenever any such 
company shall be composed of four or more companies 
of the minimum recrulation standard, it shall beorganiz-^, 

o . o Of 

ed as a battalion, and be officerpd accordingly; and battalion.. 
Avhenever it shall be composed of ten full companies it 
shall be organized as a regiment, and be officered ac-of 
cordmgly; but if it shall not be composed of at least "^'°'*'' 
four companies of the required standard, it shall be or- 
ganized by company or companies, and be officered ac- 
cordingly. 

Sec. 2 The various military offices which such char- 



Provisions of 
chiirtnr 
uot to be 
impaired 



tered companies are, under the provisions of tliis chap- 
ter, entitled to liaA^e, sliall 1)u filled by each chartered 
company at the times and in the manner provided by 
chapter fonr of this title. 

Sec. 3 Nothing in this chapter contained, shall be 
construed to impair or to atFect the organization of any 
company under the provisions of its charter ; but all 
such companies may, notwithstanding tlie organization 
required of them under the provisions of tliis chapter, 
have another and separate organization, according to 
the provisions of their respective cliarters, and the same 
person may, at one and the same time, hold and exer- 
cise a commission under the charter organization, and 

ofcommis- ^ commlsslon under the ora;anization required by this 
chapter. 

What duties g£Q 4 ]stq oihcer of a company commissioned in 

mav be re- ^ I ^ J , ^ 

offiMM''^ pursuance of an election to an office under the provis- 
ions of the charter of such company, shall, as such offi- 
cer, require from his command the performance of any 
military duty authorized by the charter or Ijy-laws of 
such chartered company, upon any day, or at any time 
when any conflicting duty shall be, by the provisions of 
this title, legally required of the men who compose 
• such chartered company. 



CHAPTER 421. 

OF THE ORGANIZATION OF THE MILITLV, AKD HOW OFFICERED. 



Of brigades. 



Section 1. The whole militia of the State shall be ar- 

■ ranged in one division to be composed of five brigades. 

Arrange- Sec. 2. Tlic govcruor shall, from time to time, ar- 

Sents°taf-" range each brigade into regiments, battalions and com- 

comp°aai°s'! paulcs, couformably to the laws of the United States, 

and may make such alteration in their arrangement as 

from time to time may become necessary, or may by 

him — having regard to the convenience of the troops — 

be deemed expedient ; and each regunent, battalion and 

company, shall Ije designated by some letter or number, 

at the formation thereof, and a record thereof made in 

the office of the adjutant general. 



Sec. 3. For the purpose of enal)llno; each memljer ''"''7'' ™- 
of the active miUtia, not enrolled in any chartered com-'^^^^f;:;^','','™- 
pany, to serve, as far as i)ractii'able, in such arm of the '•''■"■"■"-■^ 
service as he may prefer, every person may, after lie™"'i""'y' 
has been for the first time enrolled, aiid within a speci- 
fied time to be named by the governor, in general or- 
ders to be promulgated thi'oughout the State, attach 
himself "to any chartered military company, (subject to 
the rules and charter of such company in reference to 
the admission of members,) or may associate himself 
"with not less than eighty-two other enrolled persons 
like himself, not belonging to any chartered company, 
as a company of cavalry, artillery, inliintry-or ritle- 
liien ; and when such company is formed it shall be or- o;s»>"'»"°" 
ganized by itself, and every person who shall not, witli-°i<-'s 
in the time to be prescribed by the governor, avail him- 
self of the privilege of this section, shall be assigned to 
such company, and to such arm of the service within 
the town or district Avhere he resides, in such manner 
as the governor shall, by general order, or otherwise di- 
rect. Provided, there shall not be to exceed one batta- 
lion of five companies of artillery, and one l^attalion of 
cavalry to each brigade. Avd Provided further, hotvever, 
that if any number of persons, less than the minimum 
numl)er required by this section, shall so associate them- 
selves together for the above declared purposes, the 
governor may exercise his discretion in organizing them 
into a separate company, or he may assign them to 
any other company or companies, whether of the same 
or of other arms of the service within the same town or 
district. 

Sec. 4. Companies of cavalry and foot artillery, of <^^™'''y 
which now are, or which may be hereafter organize(Ui«"''ry- 
within this State, and which are inconveniently located 
for regimental organization, may be attached to such 
brigade as the governor shall order and direct. Other 
companies inconveniently situated shall remain under • 
their respective commanders, subject to the orders of 
the governor, through the ctMumander of the nearest 
regiment to whom such commanders sh;dl make their 
returns. 

Sec. 5. The certificate of the commander of any Exi-mptions 
military company, that the ])erson named therein is at-ryTaty,h?w 
tached to his company, and has done military duty at ''""'""■'''■ 



The Com- 

luanier-iu- 

Uhief. 



Major-Kcn- 
I'ml and his 
uids. 



Brigadier 
gi'Deral and 
his aids. 



Adjutant 

general. 



all times required by law, shall exempt such person 
from the penalties hereinafter provided for the non-per- 
formance of military duty, and shall entitle him to vote 
in accordance with Sec. 2, Art. 2, of the constitution. 

Sec. 6. The officers and non-commissioned ofHcers 
of the militia shall be as follows : The governor for the 
time being shall be commander-in-chiet^ and he shall 
command, except when the militia are mustered into 
the service of the United States, and he shall be en- 
titled to appoint his own aids, who shall have the rank 
of colonel. 

Sec. 7. There shall be one major general, who shall 
command the division; he shall appoint such number 
of aids, as in the discretion of the commander-in-chiefj 
the exigencies of the service may require. 

Sec. 8. There shall be to each brigade one brigadier 

general, who shall command the brigade for which he 

is elected ; he shall be entitled to appomt the same 

Their rank, uumbcr of aids with the rank respectively which they 

have in the army of the United States. 

Sec. 9. There shall be an adjutant general, who 
shall have the rank of a brigadier general ; he shall 
perform the duties of inspector general, and shall be 
the chief of the staff department; and all orders to 
and returns and reports from the other officers of the 
staff department shall be made through and to him. 

Sec 10. There shall be a quartermaster general, 
with the rank of brii^-adier general, who shall have the 
care and custody of all arms, equipments and military 
property belonging to the State. 

Sec 11. There shall be a paymaster general, with 
the rank of colonel. 

Sec 12. There shall be a surgeon general, with the 
rank of colonel. 

Sec 13. There shall be a judge advocate general, 
with the rank of colonel. ^ 

Sec 14. There shall be a commissary general, with 
the rank of colonel. 

Sec 15. The officers named in the six sections next 
preceding shall be attached to the staff of the gover- 
nor, and shall constitute the staff- department of the 
State. They shall receive such compensation for their 
services as shall from time to time be ordered by the 
General Assembly, and may each, with the approval 



Quarter- 
master gen- 
eral 



Paymaster 

general. 



Surgeon 
general. 



Judge-advo- 
cate general. 



Commissary 
general. 



The staff de- 
partment of 
the State. 



9 

of tlio governor, appDint not oxceeding two assistants, 
who shall have the rank of cajitain. The adjutant gen- 
eral and qnartermastor general may also, with the ap- 
proval of the governor, euii)loy sueh number of elerks 
in their respective departments as the prompt despatch 
of the pul)lie hiisiness may require, at a compensation of cifrk» 
not exceeding one dollar and lifty cents per day for pay- 
every day of actual employment. 

iSi'X'. ]G. Whenev*?r the exigencies of the service stair depnrt- 
shall require, the officers in the six sections above named "rgunized" 
shall organize their respective departments, in conformi- 
ty with the system established in the army of the United 
States, and shall appoint such officers necessary for the 
purpose as shall l^e approved by the commandei'-in- 
chief 

Sec. 17. Each regiment, battalion, or company of 
troops, in the various ai'ms of the service composing 
the militia of the State, shall have the same number g,S''o?offl* 
and grade of commissioned and non-commissioned ofH-"'" 
cers, and shall in all respects be organized in the same 
manner as troops in the same arm of the service are, or 
from time to time may be, officered and organized in the 
army of the United States. 

Sec. 18. When serving in the field with troops, in 
the absence of the Governor, all othcers of the staff de- 
partment shall l)e subject to the orders of the officer off„"'t'J,J'g„7". 
the line highest in rank commanding the troops assem- ^iS'™' '" 
bled. 

Sec. It). Whenever any office of the line or staflf is 
vacant, or such officer be sick or aljsent, the duties of°";'"",,"'^ 
such officer shall be performed by the officer next in '» *'""™J- 
rank in tlie line, or in the department of the staff, until 
the vacancy be filled or the disal)ility be removed. Pro- 
vided, the Governor may appoint some person to fill an}' 
vacancy mitil the same shall be filled by a regular elec- 
tion or appointment. 

Sec. 20. Whenever a company shall have neither c„^p^„ipg 
commissioned nor non-commissioned officers, the com-"",^';''^;'^^. 
manding officer of the battalion or regiment to "which ^'^'p'p',.J;°" 
such compau}' Ijelongs, slijdl ap])oiut suitable persons 
of said company to be non-commissioned officers of tlu; 
same; and the seiner non-connnissioneil officer of a com- 
pany without officex's shall connnand the same, except 



10 

upon jjarade, and except as provided in the following 
section. 

Sec. 21. Whenever any company shall, from any 

cause be without officers, the commanding officer of the 

battahon or regiment' to which such company belongs, 

Power to de-mav detail some officer of the staflT, or of the line of 

tail officers _". . ,,..,.., 

to drill such the regnnent, to tram and disiphne said company, untu 
some officer shall be elected or appomted ; and such of- 
ficer so detailed, shall have the san>e j^ower and author- 
ity, and be subject to the same liabilities, as if he were 
captain in said company ; and he shall keep the records 
of the com])any. 



compauy. 



CHAPTER 422. 

or THE ELECTION, APPOINTMENT, COMMISSIONS, WARRANTS 
AND OATHS OF OFFICERS. 

Gcneraistnii Section 1. Tlic adjutant general, quarter master 

how elected. , , i 1-1 ^ 

general, paymaster general, surgeon general, judge-ad- 
vocate general and commissary general, shall be elected 
by the General Assembly in grand committee. 

Maj general. ,Seo. 2. Thc major gcncral shall be elected hy the 
General Assembly in grand committee. 

Brigadier Sec. 3. The brigadier generals of brigades shall be 
elected by the General Assembly in grand committee. 

staff officers Sec. 4. Flcld officcrs of regiments and battalions 
shall be elected by the written votes of the captains 
and lieutenants of the companies of the respective reg- 
iments or battalions. 

amjslibai- ^^''"- ^- Gaptalus and lieutenants of companies shall 

terns ]-,g elcctcd by the written votes of the non-commissioned 
officers and ])rivates of the respective companies. 

Sec. G. The officers and non-commissioned officers 

stTii^hmv' composing the regimental staff, shall ))e appointed by 

appointed, ^hc commandino; officer of the regiment or battalion to 

• which they are attached, who shall forthwith return the 

names of the same to the commanding officer of the 

brigade of wdiich svich regiment or battalion forms a 

part. 

Non-com- Sec. 7. Nou-commissloned officers of companies shall 



11 



how 
ted. 



1)0 appointed by the captains of their respective com- miss.onea 
])anies, who shall tbrtliwith return the names of thearpoTn' ' 
same to the eommanding oificer of the regiment or bat- 
talion. 

Sec. 8. Elections for the pui'pose of choosing the or elections 
company officers shall be holden by each company upon offle™""'"'' 



icera. 



the second Monday of May, one thousand eight hun- 
dred and sixty-three, and on that day every third year 
thereafter, one -week's notice, in writing, being given of 
such election by the clerk of the company to each 
member thereof Each officer shall be separately voted 
for, and the person who receives a majority of the writ^ 
ten votes of the electors 2:)resent at such meeting shall 
be deemed elected, and the presiding officer shall forth- 
with notify him of his election, and make return thereof 
to the connnanding officer of the regiment or battalion 
to wdiich such company is attached. 

8kc. 9. Elections for the purpose of choosing the 
field officers of the several regiments shall be holden for field 'oSi- 
by the captains and lieutenants of the several compa-''"' 
nies comprising each regiment on the 1st Monday of 
June, one thousand eight hundred and sixty-three, and 
on that day every third year thereafter. Notice, in 
writing, for one week, of such election, shall be given 
by the adjutant to each qualified elector. Each officer 
shall be separately voted for, alid the person wdio re- 
ceives a majority of the written votes of the electors 
present at such meeting, shall be deemed elected, and 
the presiding officer shall forthwith notiiy him of his 
election, and make return thereof to the brigadier gen- 
eral, or other officer in command of the brigade to 
which the regiment is attached. 

Sec. 10. At all meetings for the election of officers, Presiding 
some person, other than one of the then incumljcnts elections, 
of the several offices to be fiUed, shall be chosen to pre- 
side. 

Sec. 11. Eetxu-ns of all officers elected made to com- or returns 
manders of regiments or battalions, shall be reported by elected, 
such commanders to the brigadier general, or person in 
command of the brigade, who shall forthwith certify the 
same to the adjutant general. 

Sec. 12. The commanding officer of each company or.aeierk. 
shall, under liis warrant, appoint a clerk of the company, 
who shall keep a record of the proceedings at all busi- 



12 

ness meetings of the company, and shall certify all cop- 
ies of the same. 

Tenure of ggc. 13. All officei's electBcl by the General Assem- 
bly mider this chapter, shall hold their respective offices 
for the term of five years from the time of their elec- 
tion, unless sooner removed, and until others are elec- 
ted or apjjointed and qualified to act in their places. 

'^r""'''f°/ii Sec. 14. AUfield officers and commissioned officers 

onlce of field 

officers. of compauics, shall hold their respective offices for the 

term of three years, unless sooner removed, and until 

others are elected or appointed aud qualified to act in 

their places. 

Tenure of ^Ec. 15. Tlic officcrs of chartered compamcs electcd 

officers elect- ^^iiJer thc chartcr oro-anization, shall hold their offi- 

ed under ^ . . 

charters, ges as by the charters of their respective comjianies is 

provided. 
commis- gj;c_ ^Q AH commissious shall be signed by the 

sions ; now , o ./ 

signed. Governor, and countersigned by the Secretary of State 
aud shall bear the seal of the State. Each commission 
shall name the date of the election or appointment of 
the officer, and shall be dated as of that day. 

Aids to Gov- Sec. 17. The aids of the Governor, the aids of the 

ernor; ten- 

"fflcf '"''' i^fyor general, the aids of the brigadier general, and all 
other staff' officers or assistants, including officers and 
non-commissioned officers of the regimental stafl", shall 
hold theu" respective offices, unless sooner removed, du- 
ring the tei'm of office of the officer by whom they were 
appointed. 

Warrants of Sec. 18. All nou-commissioued officcrs of regimcnts, 

non-com- it in • ^ i 

missioned Or Dattalious, shall receive a warrant from the comman- 
ding officer of the regiment, or battaUon, to which they 
belong, and all non-commissioned officers of com})anies 
shall receive a warrant from the commanding officer of 
such company, which warrants may be revoked by the 
commanding officer who granted them ; but in such 
case, the fact of such revocation, and the reason there- 
for, shall be reported by such commanding officer to the 
brigadier general, who may approve or disapprove of 
such revocation ; and if such revocation is not aj^proved, 
such non-commissioned officer shall be restored to duty. 
Hank of gjjc_ \t) AH commissioned officers of the same a:rade 

ed offlcer.s of .shall taKc rauR accordiii"- to tlie respective dates oi 

same grade. ^ . . . ^ a 

their commissions ; and when two or more of the same 
grade bear an even date, their rank shall be determined 



IS 

by lot, to he driiwu by them before the commandint!; 
officer of the division, brigade, chartered company or 
detachment, or the presick'nt of a court martial, as the 
case may be; and whenever an otlicer shall be trans-of traasferf. 
ferred to another corps or station of the same grade, 
the date of his original conniiission or appointment 
of the same grade, sliall be the date of his commission, 
regard being had to continuous service in such grade. 

8ko. 20. Whenever anv oiliccr sludl lose his com- 'f <''"?>7*- 

• ^ Bions IB lost. 

mission, he shall, on api)lication to the (iovernor, be en- 
titled to a duplicate commission of the same grade and 
date, on his affidiivit of the fact of such loss made be- 
fore a justice of any court in tliis State. 

Sec. 21. All commissions shall be delivered to the C"""""?; 

flionn; by 

adjutant general, and hy him to the persons for whom »^j™;_.^'° i^" 
they are intended, and every person who shall receive 
a commission shall, within ten days after its reception, 
make known, in writinti', to the adintant n'eneral his ac- 
ceptance of such commission, or shall be deemed to 
have declined the same. 

Sec. 22. If any person other than those, elected by 0|^|,™j[;<" 
the General Assemblv shall be elected to anv military '^e Asscm- 
office, and such person shall be in the opinion of the 
Governor, an unsuitable person to fill such office the 
Governor shall order a new election ; and if the person 
who has been once disapproved shall be again elected, """■mor 

i.i • 1 1 1 ""^y "appoint 

the Govei'nor shall appoint some suitable person to such offl'^ers. 
office. 

Sec. 23. Whenever from any cause any military of-, 
fice shall become vacant ; or whenever there shall ho a ' 
failure to elect any person to till any office authorized 
by this title, or any person elected shall decline to serve, 
the Governor may appoint some suitable person to fill 
such office, to hold and exercise the same until such 
person has been, according to law, elected and qualified 
to act. 

Sec. 24. Each commissioned officer, before he shall °;t^''„'^y''° 
enter on the discharge of the duties of his office, shall enfflier™' 
take and subscrilie the following oath and declarations, 
before some justice of the peace, or other magistrate, or 
town clerk ; on the back of each commission the follow- 
ing form of the oath shall be printed, to Avit : ''I 
do solemnly swear, (or aftirm), that 1 will bear true 
faith and allegiance to the State of Rhode Island and 



_ When va- 
" cancies oc- 
, cur. 



14 

Providence Plantations ; tliat I will support the consti- 
tution and laws thereof, and the constitution and laws 
of the United States ; and that I will taithfullv and im- 
partially discharge all the duties incumbent upon me as 
to the best of my abilities and under- 
standing," according to the laws of this State and of the 
United States ; so help me God:" Or, ('' This affirma- 
tion I make and give upon the peril of the penalty of 
perjury.") On the back of each commission the follow- 
ing form of certificate shall be printed, and signed by 
the person before whom such officer shall be qualified, 
to wit : " This may certify that counnis- 

sioned within named, appeared this day 

of , A. D. and took and subscribed the 

oath and declaration prescribed b}' the laws of this 
State, before me." (Signed, &c.) 
^ryTppoiDt Sec. 25. After the militia shall have been enrolled 
enrolimen" and arranged into companies, regiments and Iwigades, 
the Governor may appoint such officers as may be ne- 
cessary to organize and command the same, whose offi- 
ces shall continue until their successors are elected or 
appointed and qualified to act under the provisions of 
this title. 



CHAPTER 423. 

OF ARMS', EQUIPMENTS, ARMORIES, AND MILITARY PROPERTY, 

Of uniforms. Section 1. Officcrs of the line and staff of the mili- 
tia, including all officers of the chartered military com- 
panies, shall provide themselves with such uniforms com- 
plete as the Governor shall, from time to time, prescribe ; 
and every such officer unreasonably neglecting, or refus- 
ing so to unifornx himself for a period of thirty days af- 
ter the promidgation of any general order directing a uni- 
form, or for the same period shall unreasonably neglect 
or refuse to conform to any change which mav* be di- 
rected by the Governor, shall be deemed to have va- 
Dor'rovi?' cated his office, and shall be liable to be degraded to 
^Ji'm""'' ^^® ranks, upon the sentence of a court martial. 



15 
Every officer, non-commissioned officer and private,*"';'""'!, 

*' ^ ^ ^ i ^ equipments 

shtill hold his Tiiiiform anus and onuipments furnished *''"*''\^'*"'"'^- 

1 I ecution Of 

])V Iiiiiisoir, IVee l"rc)iii all suits, distresses, oxei'ution, or '■""»■ 
sales lor debts or taxes, and the arms, e((ui|)meiits, uni- 
forms, and otliei- military property belonging to any 
chartered company, and which may be necessary Tor 
the military jnu-poses of their organization, shall l)e. in 
like manner free and exempt. 

Sec. 2. Theljoard of aldermen of the several cities, •^f!"!""™' 

Mim deposit 

and the town councils of the several towns, shall pro- ""■ •"■">"■ 
vide for the companies of militia within the limits of 
their respective ]daces. as n^mv suitable armories or 
places of deposit for the arms, equipments and ef[iiip- 
age furnished to said companies by the State, as in the 
opinion of said board of aldermen or town council is 
necessary. When a company is formed from diflierent 
places, the location of snch armory or place of deposit, 
shall be estaldished with regard to the convenience of 
a majority of the members of the company. 

Sec. 3. They shall annually, in the month of De-KctTnsof 

•-', •' ^ armories and 

cember, transmit to the office of the quartermaster >•''>"' 
general, a certificate, verified by the oath or affirma- 
tion of at least two of their respective bodies, showing 
the number of armories in their respective places ; the 
names of each company occupying the same ; the 
amount paid for the rent thereof, and stating that a ma- 
jority of their respective bodies consider such armory 
necessary for the use of such company, and that the 
rent charged therefor is firir and reasonable, according 
to the value of real estate in their place. 

Sec. 4. The quartermaster general shall annually '''■'•"•"»."' . 

1 ■ o ^ «_;' be examined 

examine all certificates so returned to his office, insti-i-y 'i""-ter- 

niiisUT. 

tute any inquiries he deems expedient relative thereto, 
and allow them in whole or in part, to an amount not 
exceeding one hundred dollars for one company'. He 
shall within ten da\s after such examination, file in the 
office of the auditor his certificate, stating the sums al- 
lowed, the name of the company for whose use each 
sum is allowed, and the place to which it belongs, and 
shall thereupon notity the board of aldermen or town 
council of the sum allowed to their place, which sum *ii''"»"f«» 

1 " by <| natter 

shall be paid upon the Avarrant of tlie (H)vernor to>"'"""i^- 
such board of aldermen or town coimcil. 

Sec. 5. The Governor may at any time detail an of- J,?;^:^';"")^" , 



16 

ficer to examine any armory, and report the condition 
thereof, and of the arms, equipments and equipage 
therein deposited. 
Amis and §£0. G. The quartermaster general shall, upon the 
how sup- requisition of the connnanding officer of each regiment, 
separate battalion, or unattached company of the mili- 
tia, deliver as a loan from the State, a ratalile proportion 
of file arms, equijjments and camp equipage -which may 
be in the possession of the State; and each officer to 
whom such property is delivered, shall be responsible 
for the safe keeping of the same, and for their return 
upon the demand of the quartermaster general; and in 
case of the discharge or death of such officer, he or his 
legal representative shall be released from such respon- 
sibility, upon filing in the office of the quartermaster 
general a certificate of the officer succeeding him in 
command, that the articles of property as furnished are 
at the date of the certificate in good order and condi- 
tion, reasonable use and wear thereof excepted. 
Commission- Sec 7. Tlic commissioued officers of each company 

ed officers in/. i • /. I'l* i'r»ii 

rifponsibie shall, from the tune of tlien- bemg qualified, be respon- 
.orarms, - <= g-]_^|g £^^, ^j^^ ^^^^ keopiiig aiid return of all arms, equip- 
ments and equipage furnished hy the State, and in the 
possession of the company which they command, and 
for any loss of or damage thereto, compensation may 
be oljtained by an action of the case brought by the 
quartermaster general in behalf of the State against all 
or any of such officers. 
Field artii- Sec. 8. Eacli compauv of foot artiller\- shall be pro- 

lery, how •tit t i • i 'i^ *l l'j. ± * * 

fadishoj. vided by the quartermaster general — it the btate is in 
possession of the same — with the battery of manoeuvre 
prescrilaed for that arm by the war department of the 
United States, with caissons, harness, implements, 
battery wagon, laboratory and ordnance stores, which 
may from time to time be necessary for their complete 
equipment for the field; and when a state of war or 
danger thereof, renders target practice expedient in the 
opinion of the Governor, such quantity of ammunition, 
annually, as he deems necessary to he expended in ex- 
.TbleforT'perimental gunnery. The commissioned officers of 
tiuery.etc. gj^^j-^ compaiiv sliall l)e accountable for the preservation 
of the pieces, apparatus and ammunition aforesaid, and 
for the proper expenditure of the ammunition, and for 
any injury or damage to the same occurring by the 



17 

negligence or detault ul" said company, compensation 
may be obtained therefor by the quartermaster general, 
in an action of the case, to be brought against all or any 
of said olHccrs. 

Sec. 9. If any person, whether of the enrolled militia, i""""?"/ <"' 
or not. shall retani in his possession alter demand »"■■"? an.i 

» v» '111 equipraouts. 

therelor, on the part ol any otfacer entitled to the pos- 
session thereof, any of the arms, equipments, equipage 
or military stores, or property of the State, and shall 
neglect or refuse to restore the same to such officer 
when so demanded, such person shall forfeit not less 
than five times the value of such property so detained. 

Sec. 10. All Ijooks of tactics deposited with the State i!""!^* or tac- 

•- ticf, etc. ; 

by the government of the United States, all books pur- "n'te"- "hoso 

^ <7 T • • 1 charge. 

chased by this State for the use of the militia of the 
State, and all other military books belonging to the 
State, and all necessary blanks, shall be under the 
charge and control of the adjutant general. He shall 
issue one copy of all books of tactics to each general 
and staff ofhcer, except officers of companies. One 
copy of such book of tactics as may he suitable for the 
arm of service to which each company belongs, or to 
the arm with which such company is furnished ; one 'i^j'"? 
copy of all other military books which may be fur- 
nished by the State, and all necessary blanks to each 
commissioned officer. 

Sec. 11. Such books and blanks shall be rcceiiited for"""""-- , 

i counted for. 

by each officer recoi\ing the same, to be held and ac- 
counted for by him as public property. No resignation 
shall l)e accepted until such books and all other public 
property delivered to such officer shall be delivered to 
his successor, or to the adjutant or quartermaster gen- 
eral, or satisfactorily accounted for, and in case the same 
ai-e not accounted for, double the value of such books or 
other property may be recovered of any such officer, his 
executors or administrators, in an action of the case, in 
any court of this State competant to try the same, at the 
suit of the adjutant general. 

Sec. 12. The paymaster general and all other officers J'||.^^''"^^»j^f! 
commissioned under this act, into whose hands shall Ije gi" ''°'"''- 
placed public moneys or other public property, to the 
amount of more than five hundred dollars, shall give 
bond for the faitliful discharge of the dutii's of their 
respective offices, in such form and in such auiouul as 
may be reauired bv the Governor. 



18 

Expenses for Sec. 13. TliG commandiiio- officer of .such companies, 

transporta- , .,,.. ^ ■ 

aiioweaTfld ^^^ each occasion when required to do military duty by 
''ail'"'™ ^'^*^ provisions of this title, orwhen his company is other- 
wise legally required to do any military duty, shall be 
allowed all necessary ex^ienses for transportation of 
equipage or military stores ; and the commanding officer 
of each company of foot artilleiy shall, on like occasions, 
be allowed the necessary expenses for horses to equij) 
his battery. Such accounts shall be presented to the 
quartermaster general, who shall examine and audit 
each of the same, and draw his order upon the State 
auditor in favor of each commanding officer for the 
amount allowed by him oh each occasion. 
The Govern- Sec. 14. Thc .Govcmor may, with the advice and 

or may sell f>ir< ni n ^ ' 

orexchange couseut of thc Sciiate, sell or exchano-e from time to 
stores. time, such military stores belonging to the quartermas- 
ter general's department, as are found unserviceable or 
in a state of decay, or which they think it for the inter- 
est of the State to sell or excjiange. 



CHAPTER 424. 

OF DISCIPLINE, INSPECTION, TRAINING AND REVIEW. 

System of Sectiox 1. Tlic svstem of discipline and field exercise 

disciplme in' • 'ii 

andexereise, oixlercd to be obsci'vcd Irom time to time by the army 
of the United States in the different corps, or such other 
system as hereafter may be directed for the militia by 
laws of the United States, shall be observed by the mili- 
tia of this State. 

Inspection Sec. 2. Tlie commauder of every regiment, battalion, 

ami drill of l 11 l 1 ie 1 

chartered aud uiiattachecl company, shall order the oracers and 
non-commissioned officers under his command, to as- 
semljle at some place by him to be appointed, not less 
than four times in any one year, for the purpose of re- 
ceiving instruction in their respective duties ; aud if the 
j^laces of any such officers in a company are vacant, the 
commander thereof shall detail from the privates under 
his command, a sufficient number to make up the de- 
ficiency. 

Dutyofcom- Sec. 3. Tlic commaiidiug officer of each company of 



19 

the luilitlu, or";anized under the provisions of this title, ''!;n«i''8 

~. I , " officer. 

fhall, at stated nitervals, not less than four times in each 
year, order his company to asseni):)Ic at their armory, or 
other convenient place, for the purpose of heing drilled 
and instructed in the manual of arms, and in the school 
of the company. 

Sec. 4. The commandino' officer of each company 1°"?""°°, 
shall order out Ins company on some day m the month '■'"'rtored 
ot June, annually, to be apponited by the brigadier 
general commanding the brigade, at an hour not later 
than nine o'clock, a. m., for inspection and drill, and shall 
keep his company under orders at least until ibur 
o'clock, p. m., and longer if he deems it necessary ; and 
he shall inspect, examine, and take an exact account of 
the equipments of his men, note all the delinquencies 
of appearance and deficiencies of equipments, and cor- 
rect his roll and report the same to his commanding 
officer, to be by him transmitted to the adjutant gen- 
eral, in order that a thorough inspection may be made 
of all the active militia in this State ; and every com- 
manding officer of a company shall faithfully train and 
discipline his company on said day, as well as inspect 
them. 

Sec. 5. Unless the Governor shall otherwise prescribe BriKade 
the time, place and manner of assembling the troops for 
the purposes declared in this section, each commander 
of a brigade shall, annually, by a general order to be 
promulgated throughout his brigade, designate some 
day in the month of September or October, and some 
convenient place, for each regunent, battalion, or unat- 
tached company, to assemble for the purj)ose of being 
instructed, discij)lined and improved in martial exer- 
cises. 

Sec. G. Wlien two or more regiments are conven-Rcgimenfai 
iently located, the brigadier general may order them to 
assemble at the same rendezvous, and may instruct 
them in the evolutions and exercises of a brigade. 

Sec. 7. It shall be the duty of each brio-adicr general uuty^f 
to be present at each regimental training throughout generals, etc, 
his brigade, inspect and review the same, and instruct 
it in military evolutions ; and to enable him so to do he 
shall, by general order, ai-range the times for the as- 
sembling of the different regimeiits so as to perform 
this duty. 



20 

t 

Orders for Sec. 8. TliB orJei' (ov the assemblino; of each regi- 
Mgiments? ment, or battaUoii, ^hall be promulgated throughout 
each regiment, or battaUon, ten daj^s before the day ap- 
appoiuted for each regiment or battahoii, to assemble. 
oftraiaiDgs. ,^£0. c). Tlic trainings alcove mentioned are to be in- 
cluded in the number of trainings prescril^ed in the 
charters of the several chartered military companies. 
Kankot Sec. 10. Each Ijrigade and regiment when in the 

regTments in field, shall takc rank according to the date of the com- 
mission of the commanding officer of the same grade; 
and each company shall form according to the rank of 
the officers present commanding them, having due re- 
gard to the arm of the service to which said corps be- 
longs. 
Power to fix Sec. 11. Everj commanding officer when on duty is 
i-ade hereby authorized to ascertain and fix necessary bounds 

and limits to his parade, not including any road on 
which people travel, so as to obstruct the same or pre- 
vent their passing, for more than two consecutive hours, 
within wliich no person shall have a right to pass or 
enter, without leave from such commanding officer, and 
the commading officer of any division, brigade, battalion, 
regiment, or company may put under guard every 
person who shall encroach upon the parade ground ; and 
also any spectator or bystander who shall abuse, molest, 
or strike any one when on parade or under anns. 
Arms not to Sec. 12. No non-commissioued officer or private shall 
on parade, wlthout orders from his superior ofl&cer, come on to any 
place of parade with his musket, rifle or pistol loaded 
with l^alls, slugs, shot or other dangerous suljstance, or 
shall so load the same while on parade. 
Exemption Sec. 13. No ofificer, non-commissioued officer or pri- 
r^TutTon' vate, shall be compelled to do military duty on any day 
days'"" appointed for toAvn, city or ward meetings, or for the 
election of any civil officer, in the town or city in 
which he shall reside, unless it be in the case of invasion, 
insurrection, riot or tumult threatened. 
whom' to to Sec. 14. All general orders shall be distributed by 
''"""' the adjutant general; all brigade orders by the adjutant 
of the brigade ; all regimental orders by the adjutant, 
and all company orders by any non-commissioned offi- 
cer or private, when required by the commanding offi- 
cer. Provided, however, that if eitlier of these officers 
shall be sick, absent, or unable to distribute such orders, 



21 

or cither of such offices- shall be vacant, the ordei's may 
be distributed b_v auy other officer detniled for that 
purpose by the officer issuiui;- the orders. 

Sec. 15. The Governor shall have txjwer to order out P™™'"i'i"- 

-, . ... . ' in-clui;! Clay 

the whole or anv i)art ot the nuhtia, as may seeur to <"•.''"■■. ""' 
hun expedient, lor review, the perioruiance ol escort, 
and other duties. 

Sec. Hi. The mavor of any citv. the sheriff and Jen- P"''" "> 

!.>.>' 1 * 1 prevent 

uty sherins ot any county, the town serti'cants and theK""''".ne 
constables ol any town or either oi them, on complaint '»s '"""'i'- 
made to them under oath, that the complainant has 
reason to believe and does believe, that any booth, shed, 
or temporary erection, situated within three miles of 
any military encampment or training field, is u><ed and 
occupied for the sale of spirituous or fermented liquors, 
or for the purpose of gaming for mone}^, or other 
property, shall, if they consider the complaint well 
founded, order the owner or occupant thereof to vacate 
and close -the same immediately, and if the owaier or 
occupant shall refuse or neglect so to do, the said may- 
or, or the sheriff or deputy sheriff town sergeants or 
constables, or either of them, shall forthwith abate such 
booth, shed, or other temporary erection, as a nuisance, 
and pull down or otherwise destroy the same, in any 
manner they may choose, or through the agency of any 
force, civil or military, wdiich they may see fit to em- 
ploy. 

Sec. 17. No officer, non-commissioned officer or pri- B/empUon 
vate shall be arrested on any civil process on the day jnii p"""«» 

'^ A I'll* * ^^"^^ arrest 

before, or the daj^ alter, or the day on which he is re- 
quired to perform military duty by the provisions of 
this title. 



CHAPTER 425. 

OF VOLUXTARY MILITART SERVICE AND PARADES. 

Section 1. Nothing in this title contained shall be^ff^^ 
construed to prevent any regiment, battalion or compa- 
ny from meeting for funeral escort, parade or other 
voluntary duty, nor to unpair the corporate privileges 
of any chartered company in these respects. 



22 



Voluntary 
parades of 
regiments; 
who shall 
oommanii. 



Tolontary 
parades of 
companies. 



Sec. 2, At all voluntary parades of more than one 
regiment, or of parts of different regiments, or l^attal- 
ions constituting together more than one regiment, the 
brigadier general of the brigade within whose limits 
the 2)arade is held, may take command. In the absence 
of the brigadier general, the officer present highest in 
rank shall assume command, and if two or more officers 
of equal rank are present, claiming command, the sen- 
ior officer shall outrank the others ; and between officers 
of the same grade and date of commission, the right to 
command shall devolve upon the officer commanding 
the regiment, or part of a regiment, highest in grade 
which is present at such parade. 

Sec. 3. At all voluntary parades of companies from 
different regiments, they shall be formed into battal- 
ions or regiments, according to the number of such com- 
panies in their respectiA'e regiments, as near as may be, 
and their places in the line shall be determined accord- 
ingly ; and the right of command shall be determined 
by the provisions of the next preceding section ; 2^'>'ovi-' 
ded, that at all voluntary parades of troops, constituting 
in the whole, less than one regiment, the brigadier gen- 
eral of the brigade within Avhose limits the parade i& 
had, shall not take command unless he shall be ordered 
by the Governor so to do. 



CHAPTER 426. 



OF ROLLS AND KETURNS'- 



ISoIIs and or- 
derly liooks 
hy whom 
Itept. 



KollB, how 



Section 1. The adjutant of each brigade, regiment 
or battalion, and the first sergeant of each comj^any., 
shall constantly kee]) a lair and correct roll ot the com- 
mand to which he belongs, and an orderly book in 
which he shall record orders received and issued, and 
an account of all fines imposed and for what cause. 

Sec. 2. Immediately after the arrangement of the 
militia into brigades, regunents, battalions and compa- 
nies, and as soon as their organization has been com- 
pleted by the Governor, and in the month of Septem- 
ber in each year following, the orderly sergeant of 



23 

each company shall make out the roll of his company '"'» ""'i"- 
contiiiuhio- the full names of all otticers, non-commis- 
sioned officers and privates attached Ihereto — the 
names of the privates being arranged in ali)habetical 
order — and shall betbre the first day of October follow- 
ing, return the same to the adjutant of the regiment of 
which his company is a part. The adjutant of each P'j^^ "f "''■ 
regiment shall thereupon record the same, and as soon 
as the rolls of the several companies have been re- 
turned to him, complete the roster of his regiment, and 
Avithiu fifteen days return a co])y of the same to the 
adjutant of the In'igade to which his regiment is at- 
tached. The adjutant of each bi'igade shall there- 
upon record the same, and as soon as he has 
received the returns from the several regiments, 
complete the roster of the brigade, and return 
a copy of the same, on or liefore the first day of No- 
vember, together with a list of the names of all per- 
sons appearing upon the list of enrolled militia, who 
do not appear from the regimental returns to he at- 
tached to any company, to the adjutant general. 

Sko. 3. The commander of each company shall with- Return ot 

, (> 1 1 I'll' • commanjer 

in ten days after tire day upon which ins company is "f company. 
required l)y law to perform any field duty, deliver to 
the adjutant of the regiment or battalion to Avhich his 
company belongs, a duplicate roll of his company, with 
the names of those persons who have from any cause 
failed to perforin the military duty required of them 
particularly designated : — distinguisliing those who by 
reason of having rendered satisfactory excuse or other- 
wise, are not liable to a fine, from those Avho have in- 
curred the penalties hereinafter provided. 

Sfx'. 4. The adjutant of each recfiment or battalion "'■'"'•ns to i.e 
shall withni ten days after receiving such returns, con- hy aojutants 
solidate the same, b}- preparing a rcjjort stating the 
number of men in each company who have performed 
the required duty ; the number of men in each compa- 
ny wlio have been excused from pei-forming such duty 
with their excuses brieti}" stated, and the number of 
men Avith their names and the company to which they 
belong who are liable to a fine for the non-performance of 
the required duty, and deliver his report, together with 
the original rolls returned to him, to the adjutant of 



24 

the brigade to Avhicli his regiment or battalion is at- 
tached. 
Reports by Sec. 5. The brio;ade adiutant of each brigade, shall 

adjutants of. Til p ^ i 

brigades, m hke manner consolidate the reports irom the several 
regiments and battalions, and make return of the same, 
together with a copy of the rolls, to the adjutant gen- 
eral, within ten days after the reports from the several 
regiments shall have been made to liim. 
Blank rolls Sec. 6. Tlic adjutaut general shall furnish blank 
by whom ' forms of rolls and reports, and of the various returns 
that may be required at the expense of the btate, and 
explain the principles on Avhich they are to be made 
out, ■which forms and instructions shall be oloserved by 
all otiicers in making their reports and returns. 



aupplieil. 



Order for 



war 
ma.de. 



CHAPTEE 427. 

OF DRAFTS AND CALLING THE MILITLV INTO SERVICE. 

Section 1. When an invasion of or insurrection in 
i'n't?n"or^ the State is made or threatened, or when a requisition 
for troops is lawfullj' made by the United States upon 
the Governor to assist in the common defence or to 
suppress insurrection in any part of the United States 
the Governor shall have power to order a draft or levy 
to be made from the enrolled militia of any town or city 
of such number of men as the exigency of the case re- 
c^uires, directing his order therefor to the town council 
of the town, or to the mayor and aldermen of the city 
in Avhich such draft is to be made. 

By whom Sec. 2. Wlieuevor such oi'dcr Is luadc aud directed as 
aforesaid, it shall be the duty of the town council or 
mayor and aldermen, to appoint a time and place of 
parade for the enrolled militia in each tovni or city, and 
to order them to appear at the time and place, either 
leaving a written notice or orally, and then and there 
proceed to draft as many thereof, or to accept as many 
volunteers as is required by the Governor ; and the 
mayor or aldermen, or town council, shall notify the 
Governor forthwith that they have performed the afore- 
said duty. 

LZ:::Lr. Sec. 3. whenever any invasion of the State, or anv 



and liow to 
be executed, 



25 

insurrection, riot, or tumult shall be made in any part '"-^hLf and 
ot'tlie State, the Governor shall call out the niiHtia, or"''"™.". 

out militia. 

any part tiiereof, as he may deem expedient or neces- 
sary to suppress or repel the same ; and he may order 
out the division or any Ijrigade, regiment, chartered 
company or companies, or any portion of the same, or 
cause any number of men to be detached or drafted 
from them, and cause officers to be detailed, which with 
those attached to the troops, shall l)e suihcient to organ- 
ize the forces ; and if such invasion oi- insurrection, or 
any imminent d;uiger thereof be so sudden in any part 
of tiie State, that the Governor cannot be informed, 
and his order received and executed in season to sup- 
press or repel the same, the major general may order 
out the division, or any part thereof, as the CJovernor 
might do ; and when the troops are in the held forT™p«^^°^ 
such pin'])ose. the senior officer of said troops, present, '"'"""""isJ- 
shall command until the Governor or some officer de- 
tailed by him, shall appear to take the command. 

Sec. 4. Whenever the military force of this State, ofsuhjec- 

^' ^ , , ■ tion to artic- 

or any part thereof, shall be called into active service, '<^" "f "■"■• 
it shall be subject to the articles of war prescribed by 
congress for the government of the trooj^s of the Uni- 
ted States, or such articles as shall be prescribed by the 
general assembly ; and when any draft from the mili- 
tia into the service of the United States shall be or- 
dered, the non-commissioned officers and privates, ex- 
cept so many as shall voluntarily offer to serve, shall be p^^^.^^ 
drafted l)y lot from the company, and the officers de-™""- 
tailed from the roll. 

Sec. 5. If any company without officers be ordered rimpanios 
to march, or any draft or detachment therefrom or-how com-j"" 
dered, the commanding officer of the regiment to which""" 
said company belongs shall detail some officer to com- 
mand them, who shall have the same authority to com- 
mand them to appear, and to command them in the 
field, and to make any draft or detachment therefrom, 
as though he were captain of said company, and shall 
have the same resjionsibility. 

Sec. 6. When in any county in this State, there .-.""out mi- 

-., ,.,, iif J. litiH in time 

shall be any tumult, not, mob, or any body ot men act-ofriot. 
ing together, wnth intent to conunit felony, to oiler vio- 
lence to persons or property, or in any other way to 
resist the laws of the State by force of arms, or Ijy vio- 

4 



26 

lence, or when any of said acts shall be threatened, and 
the fact made to appear to the Governor, or to the sher- 
iff of said county, or to either of the justices of the su- 
preme court, or to the president of the town council, in 
any town, or in any city, to the mayor of such city in 
the first instance, or in his absence, to the board of al- 

whom'wbe t'ermen, the Governor shall issue his order, or such jus- 

issQed. -tice, sheriff, president, mayor, or board of aldermen, 
shall issue his or their precept, properly signed, direct- 
ing the commandino; officer of the division, brit^ade, 
regmient, battalion, or chartered company, as the case 
may be, to order out his command, or any part of the 
same, to suppress such riot, tumult or mob, and to pre- 

Ihm'io ap- "^'^^^t tli6 perpetration of any such felony, or act of un- 

P"""- lawful violence. 

Sec. 7. The troops so ordered into service shall ap- 
pear at the time and place appointed, and shall obey 
and execute such orders as tliey may then and there 
lawfully receive. 



CHAPTER 428. 

OF EXEMPTIONS BY BODILY IXFIRMITY, AND OF RESIGNA- 
Duty of 6ur- TIONS AND REVOCATION OF COMMISSIONS. 

geons ia 

?ertja'°ates Sectiox 1. No surgeon, assistant surgeon or physi- 
.»a ""J ■ gjjjj-,^ appointed to grant certificates of disability to per- 
sons who have been enrolled as a part of the militia of 
this State, shall grant any certificate of inability to per- 
form military duty on account of any bodily infirmity 
without making a personal and critical examination of 
the applicant, and shall not grant a certificate of bodily 
infirmity or inability unless such infirmity or inability 
be beyond all doubt such as to render the ai^plicant un- 
able to perform military duty. 

Sec. 2. In all cases when any person applies for a cer- 
tificate of disability, he shall be examined under oath by 
the surgeon, assistant surgeon or physician, who are here- 
by authorized to administer such oath, and all persons 
receiving certificates shall be liable to re-examination 
by the surgeon general, if the Governor shall direct. 

M?tifl»te of S^*^- 3. Whenever any regiment or chartered com- 



27 

panv is without a suro;eoli, or wlieii any i)er8on mnv'""''','''^ 
claim to 1)0 exempt from military (lut\' bv reason ofm^v i.i. «- 
bodily inlirmit}' or disabilit}', and shall not reside Avith- 
in ten miles of the surgeon or assistant siu'geon of the 
regiment, any respectable physician within said distance, 
may grant him a certificate, subject to tlie restrictions 
contained in the two preceding sections, and the com- 
manding officer of any company is authorized to ex- 
empt any 2>erson of his company from mililar}' duty on 
the presentation of such certificate from the surgeon or 
assistant surgeon, or a physician as aforesaid, either for 
a longer or shorter period, not exceeding one year, as 
in the judgment of the commanding officer, the case 
may demand. 

Sec. 4. All resio-nations shall bo in writino- and l"'''''»'e""'- 

o ^ ^ o/^ tions; how 

shall be approved and certified as follows : the resigna- ""'''''• 
tion of the major general and of any officer attached to 
the Goyernor's stafij shall be made to and approA'ed by 
the Governor ; the resignation of a In-igadier general 
or any officer attached to the staff of the major tj-ener-_ . „ 
al, sliall be approved by the major general; the resig-^yj'''™^^^" 
nation of a field officer and of i\ny officer attached to 
the staff of the brigadier general, shall l)e ajiproved by 
the brigadier general of the brigade to whicli such field 
or staff officer belongs; and the resignation of a cap- 
tain or lieutenant shall be approved by the counnand- 
ing officer of the regiment to which such captain or 
lieutenant shall belong or be attached, and by the brig- 
adier general of his brigade. 

Sec. 5. The major general, brigadier general or com-Ti>;;j™;>;.n- 
manding officer of a chartered company or regiment j„^j°--pj 
who shall approve of any resignation aforesaid, shall cer- 
tify the same to the Governor, who shall have the power 
to allow or disallow thereof at his discretion. And no 
officer shall be considered as having resigned his com- 
mission unless the same shall have been approved and 
certified as aforesaid and allowed by the (iovornor. 

Sec. 6. The Governor may revoke and cancel the t;';;^;^"..™- 
commi.ssion of any officer and discharge him from the-^--'-,, 
service, in his discretion. """""'• 

Sec. 7. Such revocation, cancellation and discharge ^,'|';;;';»,°'»y 
shall not be effectual if within ton days after receiving ;:;7' """- 
notice thereof, such officer shall demand ol' his innnedi- 
ate superior to be informed of the cause thereof and to 
be tried bv a court martial. 



28 

Preferring ggc, 8. If sucli demand be made, it shall be the duty 

charges. ^ ^ ' ^ J 

of the officer on whom it is made to transmit the same 
to the Governor, who shall give such officer the required 
information and see that charges are duly preferred, 
and that a court martial be convened to try the same. 



CHAPTER 429. 

OF FINES AND PENALTIES. 



offHi-M-of Section 1. All offences committed by general, field 

commission- , , ^ »/ O "' 

ed officers; commissioucd and staff' officers, and surgeons, whether 

penalties for ., , ^ o ? 

consistnig ni disoliedience of orders, or unofficerlike 
conduct while on duty, or during any day appropriated 
to military exercise, inspection or review, or in neglect 
or violation of any duty imposed upon them Ijy law as 
officers of the militia ; or in neglecting or refusing to 
make any return required by this title, and Avhether com- 
mitted in times of quiet, or of invasion, insurrection, riot 
or tumult, sliall be punished Ijy courts martial, according 
to the usage and practice of war, by a fine not exceeding 
five hundred, nor less than twenty dollars ; by imprison- 
ment not exceeding six months ; cashiering, with or with- 
out disability of ever after holding any military office in 
the State ; or reprimand ; either or all with costs at the 
Fines; how dlscretiou of tlic court said fines and costs to be collected 

collected. pi ,r nT 1 

for the use of the State, by warrant of distress, under 
the hand and seal of the president of the court martial 
imposing the same, directed to tbe sheriff" of the county 
in which the convicted officer shall reside, who shall 
pay over the fine so collected to the paymaster gen- 
eral. 
Imprison- Sec. 2. The president of the court martial which shall 

ment; how . t». i i -* * • j. 

executed, impose upon any officer the penalty ot imprisonment, 
shall by a mittimus in common Ibrm, under his hand 
and seal, have power to commit the convicted officer to 
the jail of the county in which he shall reside, for the 
term of his sentence ; and all sheriffs, deputy sheriffs 
and jiiilers are directed to govern themselves accord- 
ingly. 
Offences of Sec. 3. Ally iioii-commissioiied officer or private who 
missToMd shall, while under arms or on any required or voluntary 



29 

duty, behave himself with contempt of iuiv officer ""'"■i-" ^ud 

disobey miy order, or avIio sIkuI conduct ui a disorderly 

manner, join in or excite any riot or tunuilt, or ap])ear 

n\ any fantastical dress, or witli other ai'ius and iiccou- 

trements than what tlie law requires, or who sliall be 

guilty of any other unsoldierly conduct, shall l)e put 

under ji,'uard by the officer connuanding the field, or by 

his order, for a time not exceeding the time the troops 

shall be under arms, and shall in addition thereto, be 

liable to a line not exceeding twenty dollars, to be re- Pi^'^ment 

covered by complaint and warrant before any justice of 

the peace, one half thereof to and for the use of the 

complainant, and the other half to and lor the use of 

the State, or to be imprisoned, at the discretion of the 

court trying such ofl'ender, not exceeding ten days. 

Sec. 4. Every nou-conimissioned officer who shall f^"" fo'' ™» 
1 , p ' • 1 (^ 1 • ""iking re- 

neglect or retiise to make any return requu'ed oi hnn '""■"s. 

by law. or who shall neglect to keep a complete roll of 

the company- to which he belongs, if it is his duty so 

to do, shall have his warrant revoked, and shall be fined 

a sum not exceedinf;: twentv dollars. 

Sec. 5. Every non-commissioned officer or private fi'"' for non- 

, . ,, ' ^ appearance 

who shall neglect or refuse to appear at any company »' traiuings. 
or regimental training, or to perform any other parade, 
escort or field duty wlien legally required so to do, shall 
be fined not less tlian two nor more than ten dollars. 

Sec. 6. For all fines incurred under the provisions of 
the two sections next preceding, the commanding offi-oi'-vfoa- 
cer of each company, shall within five days after the fl^jj'""' not 
penalty has l)een incurred, notify the delinquent of the 
amount of the fine to which he has made himself liable, 
and if such delinquent shall fail to excuse himself to 
the satisfaction of the commanding officer within five 
daysafter such notice is given, then the commanding offi- 
cer shall issue his warrant and deliver it into the hands 
of the slieriflF, his deputy, or any town sergeant or con- 
stable in the town or county in which such delinquent 
resides who are hereby required to execute the same. 
Said warrant may be levied on the goods and chattels of Levy may be 

-,. 'i*i ,j1 (* I'll' iiKtde on 

the delinquent, and for want tliereot, upon Ins body, lUcoods orde- 
which case the officer shall commit him to jail, there torVinmuted 
i)e kept until such fine with lawful fees for warrant and'°^""' 
service and jail fees be paid, not exceeding, however, a 
period of ten days. 



30 

wtom'tobe ^■^*-'* '''• "^^^^ commanding officer of each company 
paid oTer. ghall ])ay over to the paymaster general all fines col- 
lected or received by him, and account for the non-col- 
lection of any fine due from any member of his com- 
pany at such times and in such manner as that officer 
shall direct. 
Returns of ,Sec. 8. Thc adiutant general shall certify to the 

persons who ^ o ^ ^ »/ 

red fiLTs""^" paymaster general, from time to time, a list from the 
returns in his office of all persons who have incurred 
an}' fine, and the paymaster general shall require the 
commanding officer of each company at such times and 
in such manner as he may by general nde or other- 
wise prescribe, to account to him for all fines which by 
such retiu^n appear to be due from such company. 

Jffl^l'i-'s'in^ Sec. 9. If any commanding officer of a comjjany, 

wi°s "^"or person in whose hands is any money due to the State 
for fines or foi'feitures provided by this title, shall re- 
fuse or neglect for ten days after any demand made 
upon him to jiay over the money in his hands to the 
paymaster general, he shall forfeit double the sum of 
money so retained, and be imprisoned not less than 
thirty days nor more than six months. Said punish- 
ment to be enforced by complaint and warrant before 
any justice of the peace in the town in wdiich such of- 
fender lives. 

Neglect of jSf;c. 10. In casc of war, invasion, insurrection, mobs, 

non-com- , ^ ^ ^ ^ ^ 

mi.sioned not or tumult, or in case a draft shall be ordered from 

officer to 

appear when tlie uiilitia of this State, under Section 1 of this Chap- 

ordered out ... . . . -*■ 

or drafted, (er, auy militia soldier below the rank of a commission- 
ed officer, ordered out, volunteered, detached or drafted, 
who shall neglect to appear at the time and place des- 
ignated by his commanding officer, or at the time and 
place designated by the town council, or mayor and al- 
dermen, or to place himself imder tlie command of the 
officer of the company into wliich he may have been 
drafted or have volunteered, shall forfeit the sum of one 
hundred dollars, or be imprisoned three months, either 
or both at the discretion of the court who shall try such 
ofltender; said punishment to be enforced by indictment 
in any coiu't of comj^etent jurisdiction in the county 
in which the oftender may reside ; or in time of actual 
war may be otliei-wise dealt with, as the articles of war 
then established may direct. 

for"" '°™' Sec. 11. Every town or city whose town council or 



31 

l)oard of aldermen shall neglect or refuse in due time''™'"**'" 
to cause to be prepared a list or roll of all T)ersons lia-"i'""-ai,i.,r- 

1 111* • T • • 1 • 1 • • 1 men rofuBo 

ble to be enrolled ni tlie inditia within the limits of the '".prepa™ 
town or city, for winch such town councU or board of 
aldermen is elected, or shall neglect to place the same 
in due time in the hands of the town or city clerk for 
record and return, shall l)e liahle for every such offence, 
to a fine of one hundred dollars, to be recovered by in- 
dictment in any court of competent jurisdiction, in the Pemuy. 
county in which each town and city is located. 

Sec. 12. Any town or city clerk who shall refuse or p™,^"/ f"' 

*i • 1 T 11 ^ nej^Iect to 

n(?o-lect to record said list or roll of names, or to make ""f"* '^'"' 

1 /■ 1 1 1 • 1 T " °'"""'- 

due return of tlie same to the brigade adjutant, or to 
post up the same as required by chapter 1, section 2, 
shall for every such refusal or neglect, be liable to a 
fine of fifty dollars, to be recovered by indictment in 
any court of competent jurisdiction in the county where 
such oftender lives. 

Skc. 13. Everv town or city receivino; anv sum from *'•■''■"' f"^- 
the treasury of the btate by reason of a false return or;iityforinak. 
certificate, under the third section of chapter 5, shall 
forfeit a sum not exceeding four times the amount so 
received, to be recovered by an action of debt in the 
name of the State, in any court of competent jurisdic- 
tion in the county in which such town or city is located. 

Sec. 14. Any person who shall, without authority 
so to do, take down, deface or destroy anv such roll so P""*!''' "" 
posted up, shall be fined three hundred dollars, or be ^''^ p°«'«* 
imprisoned three calender months. 

Sec. 15. When information is required by persons p=^°"J^y J°'' 
lawfullv ordered or authorized to make enrollment of?";'.'"'"'- 

matioa to 

those lialjle to do military duty, or by those acting un- "•«""'•» 

^ *^ ■ ^ ^ ,0 making en - 

der them, any person refusing to give information of™""*'"'- 
his name or age, or giving flxlse information concerning 
the same ; and, also, any keeper of a tavern, inn or 
boarding house, and any parent, master or mistress of a 
family refusing to give the required information, shall 
forfeit and pay not exceeding twenty dollars, to be re- 
covered by complaint and warrant, before any justice 
of the peace in the county in which such offence may 
be committed. 

Sec. 16. Every spectator or bystander who shall in- 
trude upon the bounds and limits of parades, shall pay ^t",i'][„^'"' 

upon the 



32 

''arato"' "'^^ exceeding ten dollars, to be recovered ujion com- 
plaint of the officer in conniiand at the time of such in- 
trusion, hy complaint and warrant before any justice of 
the peace. 
Penalty for ^^c. 17. Anj surgcon appointed to grant certifi- 
fenmcatef cates of disaljilitj to persons who have been enrolled 
to iTmlliL- ^^ ^ Y>art of the militia of the State, and who are incapar 
ry duty, jj^g gf performing military duty, who shall for an}' cor- 
rupt consideration, or from favor or hope of reward, 
grant any false certificate of disability, shall be punish- 
ed by indictment before any court competent to t<"y 
the same in the county in which the oftence was com- 
mitted, and on conviction, shall be fined not exceeding 
five hundred dollars, and shall be imprisoned not ex- 
Fin..; to ceeding one year. 

paw" '° ''^ S^^- 18- ^"y person who shall, upon any false state- 
ment under oath, obtain a false certificate of disability 
to 2:)erform military duty, shall be indicted for perjury 
in an}' court of competent jurisdiction, and after con- 
Annuai re- ^^'ictiou sliall bc iuiprisoued, not exceeding two years. 
fines to be Sec. 19. All fines, penalties, and forfeitures collected 
made. {j^ pursuaucc of this chapter, under any of its provisions, 
shall be paid to the paymaster general, who shall ac- 
count for the same to the general treasurer, and shall 
make an annual report to the General Assembly of all 
Chartered ^uuis by liiui rcccivcd and accounted for. 
mr'"im'ose '^^*^- "*^'- Chartered companies may impose upon their 
fines. members such other fines for a violation of their rules 
and by-laws as by their respective charters, it is compe- 
tent for them to do, and the commanders of such com- 
jjanies shall have power to collect the same in the 
same manner as is provided in the sixth section of 
this chapter, and the money so collected may be re- 
tained by such companies for their own use. 



CHAPTER 430. 

OF COURTS MARTIAL. 



Offlcpra to 
be tried by 
court mar- 



Section. 1. General, field, commission and staif officers 

ecMjrtmar- ^^j^^jj ^^^ subjcct to trial by court martial, according to 

the usage and practice of war, for disobedience of or- 



33 

ders, imoffieerlike conduct while on duty, or during any 
day appropriated to military exercise, inspection or re- 
view, and tor neglect and violation of any duty imposed 
upon them by law as officers of the militia ; which court 
martial shall consist of not less than five nor more than"™,™"- 

posed . 

seven members ; and the senior officer, who shall always 
be of a rank superior to that of the officer on trial, shall 
preside. 

8kc. 2. The court martial for the trial of an officer"?*"','" 

poiutc'u. 

under the grade of a field officer, shall be appointed by 
the commanding: otficer of the ]>rio;ade to which he 
belongs; and for the trial of an olticer of the grade of a 
field officer, or for the trial of a general officer, by the 
Governor. 

Sec. 3. In everj' court martial, there shall be a judge J_j"^^se anyo 
advocate, who shall discharge the duties of that office 
according to the usage and ]3i"actice of courts martial ; 
and no other person shall be admitted to prosecute an 
arrested officer. 

Sec. 4. Whenever a court mai'tial shall be ordered, 0'-'J'''-f">'» 

court umr-. 

the order shall designate the time and place of holdmg"'»i- 
the same, the name of the officer to preside, and the 
names and ranks of the other officers of which the court 
is to be composed. 

Sec. 5. If the court shall be ordered by the com-Jo^ofo"- 
mander-in-chief, the order shall be as follows, to Avit: 

State of Rhode Island, sc. 

GENERAL ORDERS. 



"A general court martial is ordered to assemble at 
on the day of A. D. for the trial 

of such persons as may be brought before them, to con^ 
sist of mem1)ers to be taken from the division, to 
wit: the major general brigadier general or gen- 

erals, colonel or colonels lieutenant colonel or 

colonels. Major General will preside. The ad^ 

jutant of the regiment will furnish an orderly ser- 

geant to attend and execute the orders of the court." 
(To be signed by the commander-in-cliief or bv the ad- 
jutant general by his order.) 

Sec. 6. If the court be ordered by a brigadier gener- ^;;™ jh'" 
al, the order shall be as follows: ^3ai" 



34 

State of Rhode Island, sc. 

BRIGADE ORDERS FOR THE BRIGADE OF RHODE ISLAND 

MILITIA. 

A general court martial for the brigade, will as- 
semble at on the clay of A. D. for the 
trial of such persons as shall be brought Ijefore them, to 
consist of members, to wit : colonels, lieutenant 
colonels, majors, (and if any,) captains, 
lieutenants. Colonel will preside. The adjutant of 
company or regiment will furnish an orderly ser- 
geant to attend and execute the orders of the court. 
( To be signed by the brigadier general, or by the brig- 
ade major, by liis order.) 
Fora Kener- Sec. 7. For a u'eueral court martial, the adjutant gen- 

al court . o -- . •' . ~ _ 

martial. eral sliall notify all general officers, and give notice of 
the other officers detailed, to the brigade majors, who 
shall notify said ofhcers, and make return thereof to the 
adjutant general. 

For a brig- ,Sec. 8. For a brio-ado coui't martial, tlic brigade major 

ade court , "^ , . '-^ ^ . ^ 

martial. shall uotify the field officers required to serve on said 
court martial, and notify the respective adjutants of the 
other officers detailed ; and the adjutant of each char- 
tered company or regiment shall notify them and make 
return thereof to the brigade ma,jor. 

When a gen- ggc. 9. If tlic officcr to be tried be a general officer, 

6rfil oincer ^ 

is to be tried he shall be furnished with a copy of the order for said 
court, and a copy of the charges against him, by the 
adjutant general, or by a brigade inspector, as the Gov- 
ernor shall direct, thirty days before the sitting of said 
court, who shall make return thereof, with the names of 
the officers of said court. 
th'""'aT''" Sec. 10. If the officer to be tried, be under the rank 
a^fleid offi- of a field officer, he shall be furnished wdth like copies, 
twenty days before the sitting of the said court, by a 
brigade major, or by the adjutant of the chartered 
company or regiment to which he belongs, as the 
officer ordering the court martial shall direct ; Avho shall 
return the same, and the names of the officers compo- 
sing the court, to the judge advocate general. 
Of witnesses ,Sec. H. Jt sliall bc tlic dutv of the judge advocate 
whom' sum- o-eneral, or the officer appointed to act in that caijacity, 

mooed. ~ ' 1 i ^ A »' ^ 

to summon or cause to be summoned, such witnesses on 
the part of the State as may be necessary, by subpoena 



35 

signed by the officer ordering the court, oi- hy the 
president thereof, or by said judge advocate ; and the 
accused shall be entitled to like process to procure the 
attendance of his witnesses; which ])i-ocess shall be 
served by the judge advocate, or by any disinterested 
person deputed by him. 

Sec. 12. All charges shall be made out in due form, liv p-ii-t'es; 

, 1 • 1 • 1 1 1 ' *' how iiiiiUe 

way ot complamt, and signecl by the party complam-""f j'""""i- 
ing, and addressed to the officer whose duty it is to 
order the court, specitying the act or neglect of 
which the accused is supposed to be guilty, and 
praying due ]n"0ccss, l)efore said othcer shidl order a 
court martial for the trial of said officer accused. 

Sec. 13. The members of the court shall appear in '*'™'"'" "f 

/. Tl .1 ^ ^ r* i i- courts toap- 

lull imitorm, and before tliev enter upon the trial of r™"-."' fun 
any person accused, shall take the lollowuig oath, to 
wit: "You swear (or affirm) that you will tridy try 
and determine, according to the evidence given in 
court, the matter depending Ijetween this State and the 
officer (or officers) now to be tried ; and that you will 
not divulge the sentence of the court until the same 
has been approved or disapproved pursuant to law ; and 
that you will not, at any time, disclose the vote or opin- 
ion of any member of this court, unless required to do 
so in due course of law. So help you God." Or this 
affirmation you make and give upon the peril of the 
penalty of perjury. And the foregoing oath shall be 
administered by the judge advocate ; but all other 
oaths which it may l^e necessary to administer, during 
the continuance of the court, may l)e administered 
either by him, or any general or field officer. 

Sec. 14. The iudge advocate general shall attend to J"''R'^ "'I'"- 
all prosecutions; and ni his absence there shall be ap-'™'"'". 
pointed by the officer ordering the court martial, a 
judge advocate for each court martial, who shall per- 
form all the duties of that office, and who shall take 
the following oath, to wit : "You swear (or aflirni) that 
you will not, at any time whatever, disclose the vote or 
opinion of any member of this court martial, unless re- 
quired to do so in the due course of law, nor divulge 
the sentence of the court until the same has been ap- 
proved or disapproved according to law; and that you 
will faithfully- and impartially discluirge the duty of 



36 

judge advocate, according to the best of your abilities, 

so help you God." Or this affirmation you make and 

give ujjon the peril of the penalty of perjury. And 

o^tTand ^^^^ oath may be administered by a judge of any 

|'°J^^»''°''°- court, or any justice of the peace in the State; and a 

certificate thereof shall be made on the warrant of the 

judge advocate, by the person administering the oath. 

whenobjec- Sec. 15. If, ou trial, the accused shall object to any 

tioiifj are ir»7 ilil i 

made to one or more members ot the court, he shall state the 

members of ir'T'l*' 1 • f> • 1 

the court, ground 01 his objection, and if it appear to the court 
sufficient, tlie member or members objected to shall 
leave their seats, and if the number remaining be less 
than five, the court shall be adjourned for a reasonable 
time, that the officer ordering the court may detail oth- 
ers to supply the place or j^laces vacated by such mem- 
ber or members. 

Sentence, of ,Sec. 16. No senteuce of a court martial shall be car-- 

how en- . -, . ^Y^ , 111 

forced. I'led iiito etiect, unless passed by the concurrent vote 
of two-thirds of the court, and approved by the Gov- 
ernor. 
renaitvif ,Sec. 17. Ill casc ail officer under arrest shall refuse or 
doe.^notat- neo;lect to attend a court martial according to orders 

tend court. *^ . . .. . ini -i > i 

and notice given liim, lie shall, by said court, be sen- 
tenced to pay a fine not exceeding two hundred dol- 
lars, and be cashiered, with disability of ever after hold- 
ing any military office in the State ; unless he be 
prevented from attending such court martial by reason 
of sickness, or some other reasonable cause ; in which 
case the court shall have power to adjourn ; and notice 
thereof shall be given to the arrested officer, by the 
judge advocate, at least ten days before the day to 
which the court shall have been adjourned. 
Sentence; ,Sec. 18. Ill all cascs lu wliicli a fine and costs or im- 
ced mease prisoiiment shall be awarded by a court martial, and 
iiig officer the sentence of such court shall be approved by the 
Governor, and the president of such court shall die, be 
discharged or promoted without having issued a war- 
rant of distress or mittimus for such fine and costs or 
imprisonment, it shall he the duty of the member of 
said court next in rank to said president to issue said 
warrant or mittimus. 
Penalty if Sec. lU. If ally witucss duly summoned, shall refuse 
fuse to'testi- to obcy sucli summons, he shall be committed to the 
jail in the county in Avhich he resides, by a warrant 



37 

from the president of tlie coiu't, directed to the sheriff) 
or a deputy sheriff of said county, there to be held at 
his own expense, until he will conform and give evi- 
dence in the case, or until discharged by due course of 
law. 

Sec. 20. All witnesses summoned on the part of the ""'''"'"''■'=''- 

. I [JI'IIJJCH of 

fetate, and the judge advocate summonuig them, shall, "''"^•"•^»:, 

'•'~ O ' ' how allowod. 

for travel and attendance, have the same fees that are 

allowed in civil causes, to be taxed hy the president 

of the court ; wliich expenses shall be paid to the 

judge advocate by the State, and when received by 

him, to be jiaiJ over to the persons to whom they are 

due. 

Sec. 21. If the sentence of the court be against the Ji"™ ™"''j'- 

c e(i if the de- 

accused, and the same shall be approved bv the Gov-'"l"™''^ 

11 1- under sen- 

ernor, the said expenses shall, by warrant under the *«"'■''• 
hand and seal of the president of the court, directed in 
the manner aforesaid, be collected of the delinquent, 
and paid to the pa}' master general. 

Sec. 22. The members and officers of said court shall *'""'' "■"*,«"■ 

penses of 

be allowed eight cents per mile travel to and from the ""'■"'"^'•s- 
place of holding said court, and one dollar lor eacli day 
during its sitting ; and there shall be allowed to the 
person in whose house said court shall be held, not ex- 
ceeding two dollars per day, in full of all expenses for 
room rent, fuel and lights ; and which shall be paid from^^^^ p^.j 
the iSta'e treasury. 

Sec. 2.3. The judge advocate shall be allowed twenty- J_^"J8<=j»dvo- 
five cents for each legal page of the copy of the pro- f;^^ ■^'™"^'i- 
ceedings and records of the court martial, to be taxed 
and paid in the same manner. 

Sec. 25. The Governor shall have power to approve J'°_^«''^°f^^^ 
or disapprove all sentences passed by courts mai'tialj^^^-^/^jf/j^J 
and mitigate or remit any punishment awarded by '^°;j'-'^ """^• 
them, or any part thereof; and the record of all pro- 
ceedings and sentences of courts martial, and of the 
approval, mitigation or remission by the commander- 
in-chief, shall be deposited by the respective judge ad- 
vocates, hi the office of the adjutant general. 



38 



CHAPTER 431. 

OF BOAKDS OF OFFICERS AND COURTS OF INQUIRV, 

Board of offl- Section 1. The Governor .shall appomt annually a 

cers how ap- t^. Tni i i 

pointed. board of oftcers, to be composed of not less than three 
members, for the purpose of exammmg into the man- 
ner in which the business of the various military offices 
is conducted, and for the purpose of examining into 
the qualifications of any military officer, or for the 
purjjose of advising the Governor upon any military 
question. 

Power of Sec. 2. Said board shall have power to summons be- 

courts of en- « , ,,-,.. 

iiuiries. fore them any officer of the militia, for the purpose of 
ascertaining his capacity and qualifications to discharge 
the duties of his office, and shall report their conclu- 
sions to the Governor, who may, if the report of such 
board is adverse to such officer, suspend him from his 
office, and if within ten days after such suspension 
he shall demand the same, shall order him to be tried 
by a court martial. 

Tncompe- Sec. 3. If the court shall pronounce such officer to 

tent officers • , t-i it* pi* 

howremoT- be Unfit or incompetent to discharge the duties of his 
office, the Governor may vacate his commission and ap- 
point some suitable person in his stead. 

Organization Sec. 4. Gciieral aud brigade courts of inquiry, shall 

of boards. . & . ii.i 

consist of three officers, to be appointed by the com- 
mander-in-chief; and they may be ordered and organ- 
ized in the like manner as courts martial, and under the 
same regulations, may examine into the nature of any 
transaction, or any imputation or accusation against 
any officer, made by an inferior. 

Vacancies. Sec 5. All vacaiicies shall be filled as in courts mar- 
tial. 

Sec. 6. The judge advocate shall administer to each 

Oath of of the officers comiiosing- a court of inquiry, the follow- 

members . m • a • 

and how ad mg oaths or affirmation: 

You, A. B., do swear, or affirm, that you will well 
and truly examine and inquire into the matter now be- 
fore you, without fear, favor, partiality, prejudice or 
hope of reward. So help you God. Or, this aflfirma- 
• tion you make and give upon the penalty of perjury. 



39 

After which, the president shall administer to the 
judge advocate the following oath : 

You, A. B., do swear that vou will impartially record O"',*"" , 
the ]:\^'oceedings of the court, and the evidence to be"=''"^- 
given in the case now in hearing. So heljj you God. 
Or, this affirmation you make and give upon the peril 
of the penalty of perjury. 

Sec. 7. Witnesses shall be summoned in the sameJ^i'DS's"': 
manner, take the same oath, and be examuied and ">"°'';i "n* 

... exammea. 

cross-examuied by the parties in the same way, as 
on trials before courts martial ; but the court shall not 
give their opinions on the merits of the case unless 
specially requested so to do. All the proceedings 
therein shall be recorded, and with the papers and the 
documents used therein, authenticated, and transmitted 
by the judge advocate, to the officer who ordered the 
court. 

Sec. 8. The pay and fees of l)oards of officers and p»y'i°4f<-'-' 
courts of inquiry shall be the same as m courts martial, board 



CHAPTER 432. 

GENEKAL PROVISIONS. 

Sectiox 1. No person, except an officer acting by au- persons 
thority of the United States to enlist recruits for thecmu/for 
army or navy of the United States, shall enlist any in-°' " 
habitants of this State, to serve in any military force 
organized or to be organized by the authority of any 
other State, without a warrant from the Governor per- 
mitting him so to do ; and any person who without 
such authority first had and obtained, shall attempt to 
induce any inhalntant of this State to enlist in such 
military organization, shall be hned twenty dollars for Fine for en- 
each offence, to be prosecuted for by complaint and „'ut"althori- 
warrant before any justice of the peace. 

Sec. 2. For the purpose of enal^ling the system es-spcdaien- 
tablished by this Title to be more successfully carried to"i^-''maae. 
into effect, the enrollment now being made in this State, 
under the orders of the War Department of the United 
State.s, is hereby adopted as the enrollment of the niili- 



40 

taCrmi- ^i^ of this state, until the first enrollment provided for 
litia act. \yy ^ijjg jjp^ gj-,^ji ijave been made. 

Sec. 3. Title XXXIV of the Eevisod Statutes, and all 
acts and part of acts inconsistent herewith, are hgreby 
repealed ; j^i'O'cided, however, that the charters and cor- 
porate rights of the existing and organized chartered 
companies of this State shall remain in full force, except 
in particulars in conflict with the provisions of this 
Title. 

Seo. 4. This act shall take effect from and after its 
passage. 



CHAPTER 433. 

[Passed Sept. 6, 1862.| 

AN ACT TO PRO^aDE FOR AN UNIFOKM BOUNTY TO BE PAID 
BY THE STATE TO VOLUNTEERS, AND FOR OTHER PURPO- 
SES. 

It is enacted by the Genercd Assembly as follows : 

taburll""" Section 1. The State Avill reimburse the several towns 
towns. Qf ^}-,g State, in the manner hereinaftei- ]")rovided, for 
the expenses incurred b}' them in furnishing their re- 
spective quotas of men in response to the call of the 
President of the United States, dated July 2d, 18G2, for 
300,000 additional troops to serve for three years or the 
war, to the extent of three hundred dollars for each 
man to whom a town Ijounty has been paid, or agreed 
to be paid, and who has been mustered into the service 
^^^t of the United States, Provided, however, that no town 
mar^ re ^^^^^^^ reccivc a greater sum from the State for any man 
imbursed. fui-nished under said call than by such town has been 
actually paid or agreed to be paid, to such man, as 
bounty. 
townsare""' Sec. 2. As sooii as tile number of men furnished by 
entitled to. ^y ^j^^ towns of the State, and the sum to which each 
town may be entitled under the j^rovisions of the jjre- 
ceding section to receive, shall have been ascertained 
to the satisfaction of Benjamin Finch, of Newport, and 
commis- William M. Bailey, of North Providence, who are here- 
by appointed Conunissioners for that purpose, and who, 
when they shall have ascertained thg ijujiibgr of men 



sioners. 



towns t<) 



n 

and the sum to which cat'h town is entitled as aforesaid, 
shall report the same to the General Treasurer, and said 
Treasurer shall pay, in the lionds of the State or other- 
wise, to eaeh town the smn to which it is entitled; and 
to enable him so to do, he is hereby authorized and di- 
rected to issue the bonds of the State to an amount suf- ':""""'' . 

^ . IreiiHiiroi- to 

hcient to cover the appropriation hereby made, payable ',„",",„';""'" 
in twenty years from the date of the same, with inter- p'"'"'"''""" 
est not exceeding six per cent. ])er annum, payable 
semi-annually on the presentation and surrender of the 
interest warrants attached to the same. 

Sec. 3. So much of the act of August, A. D. 18Gl.R<■p'■l!l"r"<^t 
being Chapter 38U of the Revised Statutes, as allows" """"" 
towns to raise money and make appropriations as boun- 
ties to volunteers, is hereby repealed, and no town shall 
make payment to any volunteer enlisting after the pas- * 
sage of this act, of any bounty heretofore offered by • 
such town under the authority of the provisions of the / 
act above referred to. ; 

Sec. 4. Hereafter there shall be paid by the State to A^nnnt nr 
each person who shall volunteer under the call of the mi- ' 
President of the United States, dated July 2d, 1862, to ^ 
serve for three years or the war, and to each person 
who shall enlist to recruit any regiment or battery (;; 
from this State heretofore raised in response to the call > V 
of the President of the United States for 500,000 addi- 
tional troops, dated August 3d, 180 1, the sum of three 
hundred dollars, which sum shall be paid to each man 
so enlisting after he shall have been mustered into the ^ 
service of the United States, and when he shall have 
been ordered to leave the State by competent military 
authority. 

Sec. 5. So much of Section 1, Chapter 387, of the Re-AotproTW- 

T f, T ' . , ^ . . , ing Mr »15 

Vised statutes, passed at a special session in August, h^^^inv r"- 
1861, as provides for the payment by the State of a 
bounty of fifteen dollars to every non-commissioned 
officer, private and musician who should enlist after the 
16th day. of June, 1861, is hereby repealed. 

Sec. 6. After the quota of this State shall have been n^nty^j'i^^ 
supplied under the call of the President of the United f"r '■'""pe- 
States, dated July 2d, 1862, for 300,000 additional ^v. 
troops for three years or the war, the bounty of the.JV 
State to be paid to any volunteer for a service of three N 
years or the war, in response to any future call of the 



K 






s 



« 






42 

President of the United States which may be made up- 
on this State, shall be the sum of one hundred dollars, 
to be pai9 after such volunteer shall have been mus- 
tered into the service of the United States, and when 
he shall have been ordered to leave the State by com- 
petent military authority. 
Bounty for gj;(. 7 "phc Govemor is authorized and directed to 

nme moDtiis . . , 

"""■ pay to each person who shall enlist m the service of the 
United States as a volunteer, for a period of nine 
months, under the call of the President of the United 
States, for 300,000 men, dated August 9, 1862, or who 
may be accepted as a substitute for any man who may 
be drafted to serve under the call the sum of one hun- 

^oTpaiS' dred and fifty dollars; fifty dollars of which shall be 
paid to such volunteer, or substitute, when and as soon 
as he shall have been mustered into the service of the 
United States, and the remainder when he shall have 
been ordered to leave the State by competent military 
authority ; and to each man who may be drafted, and 
shall serve as a drafted man under said call, the sum of 
one hundred dollars; twenty-five of wliich shall be paid 
when he shall have been mustered into the service of 
the United States, and the remainder when he shall 
have been ordered to leave the State by competent mil- 
itary authority. 

Sec. 8. This act shall take effect from and after its 
passage. 



CHAPTER 434. 

[Passed Sept. 2, 1862.] 

AN ACT TN ADDITION TO TITLE VII., CHAPTER 30, OF THE 
REVISED STATUTES— "OF THE POWERS OF AND OF SUITS 
BY AND AGAINST TOWNS." 

It is enacted hy the General Assembly as follows: 
Ipp'ropS Section 1. Hereafter the several towns are. author- 



monies to 
aid families 
of soldiers. 



ized to appropriate and raise money for the purpose of 
rendering assistance to the families and dependents of 
those who may be mustered into the army of the United 
States from this State, to serve under any of the calls 
which have been heretofore made, or which may here- 
after be made upon this State, by the President of the 



43 



United States, to an amount not exceeding foui* dollars 
per week to the family of any one man. 

Sec. 2. Nothing in the preceding section contained, 
shall be construed to affect any contract to render aid 
to his family, which has heretofore been made by any 
town with any person who, before the passage of this 
act, has enlisted in the service of the United States. 

Sec. 3. The act passed at the August session, A. D. 
1861, being chapter 389, of the Eevised Statutes, is 
hereby repealed. 



CHAPTER 435. 

[Passed Sept. 2, 1802.] 

AN ACT TO MEET THE APPROPRIATIONS PROVIDED FOR IN THE 
ACT TO PROVIDE FOR A UNIFORM BOUNTY TO BE PAID BY 
THE STATE TO VOLUNTEERS, AND FOR OTHER PURPOSES, 
PASSED AUGUST SESSION, A. D. 1862. 

It is enacted hy the General Assembly as follows : 

Section 1. The General Treasurer is hereby author- S""™' 
ized, by and with the advice of the Governor, to issue g'i"i^*';;j 
the bonds of the State, for an amount not exceeding '■» '><""J^- 
twelve hundred thousand dollars, in such sums as the 
Governor shall direct, bearing interest not exceeding 
six per cent, per annum, payable in twenty years from 
the first day of September, 1862, which said bonds 
shall not be issued or sold by the General Treasurer at 
less than their par. Interest on said bonds paya]>le semi- 
annually, and coupons, for the payment of the same, 
signed by the General Treasurer , shall be attached to 
said bonds. The bonds hereby authorized shall be 
signed by the General Treasurer and countersigned 
and registered by the Secretary of State. 



44 



CHAPTER 436. 

[Passed Sept. 4, 1862.] 

AN ACT TO PREVENT FALSE CERTIFICATES OF DISABILITY TO 
PERFORM MILITARY SERVICE. 

It is enacted by the General Assembly as follows : 

gmtin""" Section 1. Any surgeon appointed to grant certifi- 
'ates''Df'dis. cfites of disability to persons who have been enrolled 
ability. as a part of the militia of the State, and who are inca- 
pable of performing military dut}', who shall for any 
corrupt consideration, or from favor or hope of reward, 
grant any fiilse certificate of disability, shall be pun- 
ished by indictment before any court comj^etent to try 
the same, in the county where the offence was commit/ 
ted, and on conviction shall be fined not exceeding five 
hundred dollars, and shall be imprisoned not exceed- 
ing one year. 

Sec. 2. In all cases where any person applies for a 
certificate of his disability, when he claims exemption 
on account of any bodily defect or inability which can 
be ascertained by personal examination, no certificate 
shall be given without such personal examination by 
the physician or surgeon, and in all cases the apjalicant 
shall be examined under oath, and all persons receiv- 
ing certificates from any surgeon or physician shall be 
Re-examin- jjable to re-examiiiatioii, if the Commissioner think 

ation may _ ^ 

be made, proper, by the Surgeon General ot the State. 

Sec. 3. All persons who have heretofore received 
certificates of disability or exemption shall be open to 
examination by the Surgeon General on the order of 
the Commissioner. 

Sec. 4. This Act shall take effect immediately. 



45 



CHAPTER 437. 

[PasscHi Sopt. G, 18G2.] 

AN ACT EXEMPTING FROM AKREST ON ClVir. PROCESS CER- 
TAIN PERSONS IN THE SERVICK OF THE UNITED STATES. 

It is enacted by the General Assemhiy asfoUoios: 

Section 1. The body of every officer, non-commis-J''™p"»°« 

, *' , •', ^ from arrest 

sioned officer, private, and musician, who has been or™^'"'?™ 
who shall hereafter be mustered into the service of the 
United States, as a part of the quota of his State, vmder 
any call of the President of the United States, which 
has been or which may hereafter be made for volun- 
teers; and the body of every officer, non-commissioned 
officer, private, and musician, who shall he mustered in- 
to the service of the United States, as a part of the 
quota of this State, under any call of the President of 
the United States, which has been or which may here- 
after be made upon this State for militia, shall be ex- 
empted from arrest on any civil process, and his prop- 
erty shall not be liable to be attached, or taken in exe- 
cution, or on warrant of distress, for and during the pe- 
riod of his service and for thirty days thereafter. 

Sec. 2. All suits or remedies against any person who s-j^^'^' »^°<| 
has become bail, or entered into recognizance for the pendod. 
appearance of any person, who has been or who shall 
hereafter be mustered into the service of the United 
States, as a part of the quota of volunteers or militia 
required of this State, shall be suspended for and dur- 
ing such time as the principal shall remain in the ser- 
vice of the United States and for the period of thirty 
days thereafter. 

Sec. 3. Nothing in the preceding section contained 
shall be construed to affi:!ct the right of any creditor ^ 

to enforce his writ of execution in case he has obtain- 
ed final judgment on scire facias before the passage 
of this act. 

Sec. 4. This act shall take effect immediately. 



46 



CHAPTER 438. 

[Passed Sept. 6, 1862.] 

AN ACT AUTHORIZING THE GOVERNOR TO PURCHASE ARMS 
AND EQUIPMENTS FOR THE MILITIA. 

It is enacted by the General Assembly asfolloios: 
Governor SECTIONS 1. His Excellencv the Governor is hereby 

may pur- , ^^ , •' 

and'e T- •T-uthorlzetl to purchase such number of serviceable arms 
ments. ag niaj be necessary, with their proper equipments, for 
the purpose of arming and equipping the mihtia of the 
State ; and the General Treasurer is hereby directed to 
pay the expense of the same upon the order of the 
Governor. 



I^ESOLUTION^S. 

[Passed Sept. 6.] 

Resolution requirmg the commanding officers of the 
9th and lOtli regiments to report to the Adjutant 
General of the State. 

Whereas, There is now pending before this General 
Assembly a petition from the commanding officers of 
the companies in the 10th Regiment of Rhode Island 
volunteers, asking for an appropriation for the pay- 
ment of the men who volunteered in said regiment, and 
were discharged at Washington, by reason of their be- 
ing under age ; therefore, it is 

Mesolved, That the late commanding officers of the 
9th and 10th regiments be and are hereby directed to 
report the names of said men, and the time they served 
in said regiments, and the reasons for their discharge to 
the Adjutant General of this State, on or before the 
first Monday of December, 1862. 



i7 



[Passed Sept 6, 1862.] 

Resolutions authorizing the Governor to appoint a 
State Commissioner to receive allotment money. 

Whereas, The President of the United States has ap- 
pointed two Allotment Commissioners for the State of 
Rhode Island, to receive and collect the money trans- 
mitted by the different regiments and batteries for the 
benefit of the families of the soldiers of such regiments 
and batteries, as they are disposed to send home ; there- 
fore, it is 

Jiesoloed, By this General Assembly, that the Gov- 
ernor be and is hereby authorized to appoint some suit- 
able person a State Commissioner, whose duty it shall 
be to arrange with the Allotment Commissioners, for 
their services for collecting the said allotment money, 
and to receive and disburse the same to the families of 
said soldiers, as they may direct, and to take proper 
and sufficient vouchers for the same, and to make re- 
turns of his doings to the Quartermaster General of the 
State of Rhode Island, on the first Mondays of January 
and July in each year ; and the Quartermaster General 
is hereby authorized to draw upon the General Treas- 
urer for such compensation as the said State Commis- 
sioner shall, with the concurrence of the Governor, al- 
low for the services of said Allotment Commissioners, 
to be fairly adjusted with reference to, and to be made 
dependant upon, the amount of money collected by 
such Allotment Commissioner. 

And, ichereas. Also, it is expedient for the purpose 
of preventing delay to soldiers and their families who 
may become entitled to pensions from the government 
of the United States, in procuring their just claims, the 
State Commissioner above appointed is hereby author- 
ized, at the expense of the State, to prosecute all claims 
of soldiers or then- families against the United States 
for pensions or for bounties. 

And, whereas. Also, it is expedient that some means 
should be adopted for the prompt settlement of all ques- 
tions in relation to assistance furnished to the families 
of volunteer soldiers who enlisted in Massachusetts regi- 
ments, and from towns formerly belonging to Massachu- 
setts, which towns now forna a part of the State of 



48 



Ehode Island, and also in relation to assistance furnish- 
ed to the families of volunteer soldiers who enlisted in 
Ehode Island regiments, and from to^vns formerly be- 
longing to Rhode Island, which last mentioned towns 
now form a part of the State of Massachusetts, there- 
fore, 

Resolved, That i\\e State Commissioner above ap- 
pointed be directed to report to the General Assembly, 
at its next session, all the fiicts and documents in rela- 
tion to the case, and thereupon this General Assemlaly 
will make such provision therefor as the justice of the 
case requires. 

[Passed Sept. 1.] 

Resolution authorizing the Governor to procure enlist- 
ments and to defray the expenses thereof 

Resolved, That his Excellency the Governor be, and 
he is hereby authorized, in case he thinks the exigen- 
cy requires it, to procure such aid or assistance as he 
may think advisable to obtain enlistments; and that 
he be authorized to draw on the General Treasurer for 
such expense, provided that the sum paid shall not ex- 
ceed ten dollars for each man so procured and enlisted. 

[Passed Sept. 6,] 

Resolution authorizing the Governor to order a re-ex- 
amination of persons claiming to be exempt from 
military duty from physical disabihty. 

Resolved, That the Governor be authorized to order 
a re-examination in any town of those claiming exempts 
ion for physical disability, whenever he deems proper, 
and to appoint a surgeon to make such examination. 



[Passed Sept. 2.] 

Resolution providing for the subsistence of substitutes 
for drafted men. 

Resolved, That his Excellency the Governor is here- 
by authorized to make all necessary provision for the 
subsistence of all substitutes for drafted men until they 
shall haye been mustered intp the service of the United 
States. 

LIBRflRY OF CONGRESS 



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